South Bend man gets 15-year term

Judge unmoved by leniency plea in Pizza Hut armed robbery.

Judge unmoved by leniency plea in Pizza Hut armed robbery.

June 13, 2006|CAROL DRAEGER Tribune Staff Writer

NILES -- A 26-year-old South Bend man who the judge said was raised in a privileged background was sentenced to 15 years in prison Monday for an armed robbery in Berrien Springs. Kory Michael Misiewicz asked Niles Division Berrien County Trial Court Judge Gary Bruce for leniency. But Bruce agreed with prosecutors who urged a sentence in the middle of state prison guidelines that range from 11 to 18 years. "He should be looking at 15 years," said Assistant Prosecuting Attorney Jeff Rhoa. "He is a threat to our community." Misiewicz's St. Joseph attorney, Paul Jancha, told Bruce 15 years would be a harsher sentence than what Misiewicz's two co-defendants received. "That would be two and a half times more severe," Jancha said. "I hope a minimum of no more than 10 years, because 15 years would be unfair." Misiewicz, Kristi Jo Frazier and Bobby Lee Blackmon robbed two employees at a Pizza Hut in Berrien Springs on April 16, 2005. Misiewicz was armed with a .38-caliber revolver, according to witness testimony. It was Blackmon's testimony to police in St. Joseph County, Ind., that led Berrien County authorities to Misiewicz's doorstep more than a year after the crime. Both Blackmon and Frazier, the driver and lookout person in the armed robbery, testified against Misiewicz in exchange for plea agreements, said Rhoa. Blackmon received six to 20 years in prison, and Frazier pleaded guilty to larceny of a person and received a three- to 10-year sentence, Rhoa said. Misiewicz is also allegedly involved in two robberies, one possibly armed, in Kalamazoo and South Bend, Rhoa said. Bruce, in his reasoning for the 15-year sentence, said the community must be protected. He pointed out that Misiewicz flashed a deadly weapon at an employee during the Pizza Hut holdup. Bruce said he couldn't understand why Misiewicz chose a life of crime when he had a good upbringing. "You've had a privileged background. You were raised by two people who loved you," Bruce said. Misiewicz's parents and a sibling wrote letters to Bruce on behalf of Misiewicz. Misiewicz, in a letter to Bruce, also said his family is supportive. "I come from a great family. This crime took place a year and a half ago. I want to move on. I regret what I did," Misiewicz said. But Bruce was unmoved. He ordered restitution of $820 to Pizza Hut and requested that Misiewicz receive substance abuse and vocational training in prison. Rhoa said Misiewicz's sentence was part of a plea agreement that called for him to plead guilty to one count of armed robbery. In exchange, prosecutors dropped three weapons charges and one count of armed robbery against him. Staff writer Carol Draeger: cdraeger@sbtinfo.com (269) 687-7005